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"Commencement of Construction" means setting footings or pouring the foundation. "Concept Plan" means the preliminary design and architectural plans for the Project submitted by the Redeveloper and approved by the City on January 10, 2005, including any revisions to such plans as provided in Section 5.6. "Construction Loan" means a loan from a construction lender to finance the construction of Public Improvements, Site Improvements and/or Minimum Improvements. "Construction Plans" means the plans, specifications, drawings and related documents for a Stage of the Project, as more fully set forth in Section 5.6. "Council" means the Council of the City. '"'County" means the County of Ramsey, Minnesota. "Declaration of Restrictive Covenants and Prohibition Against Tax Exemption" means those restrictive covenants substantially in the form of Exhibit H. "Eligible Project Costs" are listed on Exhibit J and represent costs eligible to be paid or reimbursed with Tax Increment under the Tax Increment Act. "Environmental Remediation" means the work required pursuant to the Approved Response Action Plan to remove, encapsulate or otherwise manage the environmental contamination present in the soils and groundwater in the Redevelopment Property. "Final Plat" means the final plat or replat for any portion of the Project when approved by the City and recorded by the County. "Financially Unfeasible" shall have the meaning given to that term in Section 3 .9( d). "Hazardous Substances" means any hazardous or toxic substances, materials or wastes, including those substances, materials, and wastes listed in the United States Department of Transportation's Hazardous Materials Table (49 CFR Part 172.101) or by the United States Environmental Protection Agency as hazardous substances (40 CFR Part 302) and amendments thereto, or such substances, materials and wastes which are or become regulated under any applicable local, state, or federal law. Hazardous Substances include: (i) oil, including petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes; (ii) asbestos; (iii) polychlorinated biphenyls (PCBs); (iv) substances designated as a "hazardous substance" pursuant to Section 311 of the Clean Water Act, 33 U.S.C. 9 1321 or pursuant to Section 307 of the Clean Water Act, 33 U.S.C. 9 1317; (v) substances defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. 9 6903, as amended; (vi) substances defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. 9 9601 et seq., as amended; (vii) substances included as a hazardous material, substance or related material 3